QUESTION
How can I terminate the biological father’s parental right?
Asked on Sep 07th, 2012 on Child Custody - Colorado
More details to this question:
My son’s biological father has been in jail since my son was about 7-8 months old. He is now four. I do have a boyfriend I have been with since my son was nine months old. He has taken on the role of daddy and has been there since day one. I wonder if the process will be difficult.
10 ANSWERS
Leonard A. Kaanta
You file an action to terminate his rights.
Answered on Jun 28th, 2013 at 12:16 AM
Steven D. Dunnings
Not if the biological father consents .
Answered on Jun 28th, 2013 at 12:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It may be possible under the circumstances described of no contact and no support.
Answered on Jun 28th, 2013 at 12:09 AM
Glen Edward Ashman
It's impossible unless you marry your boyfriend and he does a step-parent adoption.
Answered on Sep 14th, 2012 at 2:07 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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It can be difficult. Califonrnia generally will not consider terminating a parent's rights until and unless there is a pending step-parent adiption in process.
Answered on Sep 14th, 2012 at 2:06 PM
Dennis P. Mikko
Unless the biological father is willing to give up his parental rights it will be difficult to terminate them. If the biological father has not seen the child or provided any means of support, through a step-parent adoption it may be possible to terminate his rights.
Answered on Sep 14th, 2012 at 2:05 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You will have to have a petition for adoption by your boyfriend and a petition to terminate parental rights.This will not be successful unless you are married to your boyfriend and it has been at least one year since the marriage.
Answered on Sep 14th, 2012 at 2:04 PM
4 Awards
Termination of the baby's father's parental rights is possible in the case of adoption. Should you and your boyfriend marry, he would truly be in the position of being a father figure to the baby. Under Louisiana law, the step-parent adoption of the child is possible without the biological father's consent if a) he has failed or refused to have contact with the child for more than six months, or b) he has failed or refused to pay a court order of child support for more than six months. You must also show that the adoption of the child is in the child's best interests. It is difficult to terminate parental rights without a replacement father, and is usually only done by the State in connection with a child abuse case. This is because the State will hold the biological father responsible for support of the child if you ask for support, and will make the biological father responsible for the child's health care
Answered on Sep 14th, 2012 at 2:02 PM
During the adoption process a biological parent's rights may be terminated. It will take six months of limited or no contact and a judge may terminate rights while considering an adoption petition. This also ends the obligation for the biological parent's to provide child support.
Answered on Sep 14th, 2012 at 2:01 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The simple answer is that you cannot do anything to terminate a father's rights. Since you are apparently not married to the father, it does not appear that the "bio-father" has actually been declared to be the father and, therefore, he doesn't yet have any specific rights that can be terminated. But, the only way any potential rights he might have can be terminated would be in connection with a step-parent adoption by your husband, if and when you have one.
Answered on Sep 14th, 2012 at 2:01 PM